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created Mar 14th, 19:45 by Heartking001
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The first feature of Indian Bill of Rights is that it is an extensive bill. In the
Articles 23 which have further classes, the detailed explanation of Human
rights has been given. In Article 29, individuals have been given right of
freedom and it has six such parts which provides detailed description of six
different types of freedom and their exceptions. Similar extensive description
has been given in other articles too. American constitution has a regulation
that citizens not only have the rights mentioned in the constitution but they
also possess the rights that the citizens have from ancient times. In other
words, the American constitution indirectly provides recognition to natural
rights principles. These are applicable to all equally and all meant for all
individuals from legal point of view. The government cannot make any
discrimination while exercising control on the fundamental rights. No right
can be unlimited. Their use can be done only after considering the welfare of
others. Rights are dependent and they can be used within the social context
only. That is why our constitution provides necessary right to the government
in accordance with time to exercise control on the fundamental right from the
purview of states safety, public order, public morality and public welfare. Most
of the rights mentioned in the Indian Bill of Rights are negative. In other
words through these rights regulations and boundaries have been imposed
on the states. For eg. Regulation has been imposed on the states that they
can neither make any discrimination on the basis of caste, colour, sex etc nor
any such discrimination at the time of appointment to the government. But
some rights have been written in a positive way. They act as limitations on
the powers of the legislature and executive, under Article 13 and in case of
any violation of these rights the Supreme Court of India and the High Courts
of the states have the power to declare such legislative or executive action
as unconstitutional and void. These rights are largely enforceable against the
State, which as per the wide definition provided in Article 12, includes not
only the legislative and executive wings of the federal and state
governments, but also local administrative authorities and other agencies
and institutions which discharge public functions or are of a governmental
character. The Fundamental Rights are not absolute and are subject to
reasonable restrictions as necessary for the protection of public interest
Articles 23 which have further classes, the detailed explanation of Human
rights has been given. In Article 29, individuals have been given right of
freedom and it has six such parts which provides detailed description of six
different types of freedom and their exceptions. Similar extensive description
has been given in other articles too. American constitution has a regulation
that citizens not only have the rights mentioned in the constitution but they
also possess the rights that the citizens have from ancient times. In other
words, the American constitution indirectly provides recognition to natural
rights principles. These are applicable to all equally and all meant for all
individuals from legal point of view. The government cannot make any
discrimination while exercising control on the fundamental rights. No right
can be unlimited. Their use can be done only after considering the welfare of
others. Rights are dependent and they can be used within the social context
only. That is why our constitution provides necessary right to the government
in accordance with time to exercise control on the fundamental right from the
purview of states safety, public order, public morality and public welfare. Most
of the rights mentioned in the Indian Bill of Rights are negative. In other
words through these rights regulations and boundaries have been imposed
on the states. For eg. Regulation has been imposed on the states that they
can neither make any discrimination on the basis of caste, colour, sex etc nor
any such discrimination at the time of appointment to the government. But
some rights have been written in a positive way. They act as limitations on
the powers of the legislature and executive, under Article 13 and in case of
any violation of these rights the Supreme Court of India and the High Courts
of the states have the power to declare such legislative or executive action
as unconstitutional and void. These rights are largely enforceable against the
State, which as per the wide definition provided in Article 12, includes not
only the legislative and executive wings of the federal and state
governments, but also local administrative authorities and other agencies
and institutions which discharge public functions or are of a governmental
character. The Fundamental Rights are not absolute and are subject to
reasonable restrictions as necessary for the protection of public interest
